Phoenix Photographic Ltd

termsconditions

Application Terms & Conditions

By downloading or using (the “App”, ”Application”, "Service") these terms will automatically apply to you (“the user”) – you should make sure therefore that you read them carefully before using the app. Phoenix Photographic Ltd reserve the right, at our sole discretion, to modify or replace these Terms. If we decide to modify our Terms of Use, we will post a new version here. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes. You are not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You are not allowed to attempt to extract the source code of the app.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

At some point we may wish to update the app. The app is currently available on iOS – the requirements for this system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. We do not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

1. Order Acceptance

Orders are only accepted and processed in accordance with the following conditions. By making use of the Phoenix Photographic (hereafter referred to as PPLtd) software the customer implicitly accepts these conditions. After the order has been processed the file provided by the customer is saved on the PPLtd server for approximately one month. This is done to make it possible for the customer to order additional copies of the product at a later time.


2. Copyright

The customer is responsible for the content of the provided file. PPLtd accepts no liability for the content of the file. PPLtd assumes that the customer holds the copyright for the file. The customer is exclusively responsible for any consequences of the illegal use of protected data. In addition, the customer must strictly comply with the legal regulations of the concerned country when placing the order and distributing the printed material.


3. Liability

In no case does PPltd accept any liability for damage or loss of the files. PPLtd explicitly states that the quality of the prints, photo books, canvas prints and photo gifts or any other photo product can never exceed what the customer sees on the computer screen. PPLtd's liability remains limited to avoidable production errors.


4. Delivery Time

All orders will be produced within 2 working days of receipt of the payment. Under no circumstances may any delays in delivery times justify cancellation of the order or any right to compensation. Any digital print order over 2500 in quantity will be classed as non-standard. Non standard print orders may take additional time to be printed and delivered – up to 2 days. Non standard print volumes may not be accepted at the discretion of management.


5. Returns & Cancellations

When placing orders for goods and services on the Internet or App you would generally have the right to cancel your order, free of charge, by giving notice within 4 hours of the order. However, this does not apply where the service ordered is commenced immediately. You hereby consent to the PPLtd online services commencing immediately and as such you will not have a right to cancel your orders. We will, naturally, do our best to stop producing an order if you contact us quickly. Due to the personalised nature of photo gifts, greetings cards, photo books and custom prints we are unable to offer refunds on these items, save where we are required to do so by law. Products deemed to be faulty should be returned within 2 weeks of receipt. Refunds may be given at the discretion of the management; should you have any questions please email us. Your statutory rights are not affected by this clause.

6. Guarantee

Notification of all claims, in sofar as they concern a clear deficiency, must be provided within two days after delivery of the customer’s order. In the case of a valid complaint, restitution will be limited to producing the order again.


7. Illegal Use

You warrant that you will not use any of the services for any fraudulent or illegal purpose and that you will not submit any image that:

  1. is unlawful, pornographic, indecent, defamatory, offensive, obscene, otherwise objectionable or harmful to (or which depicts harming) children in any way; or
  2. would constitute, assist or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; or
  3. infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or
  4. Use the service to transmit or invite access to any images described in paragraphs (a) through (c) above

and you accept and undertake that you will be liable for any action taken against PPLtd in relation to such activities and will fully indemnify PPLtd against all actions, claims, demands or costs which may arise as a result. Uploading your images to this App, implicitly consent to those images being temporarily stored on and used by our servers in order to fulfil the printing process.


8. Age

You warrant and undertake that you are at least 16 years of age and the authorised owner of the credit/debit card details which you supply to PPLtd.


9. Disclosure of personal data

We may share Images, Usernames and Addresses with a reputable third party fulfiller/s for the fulfilment of product orders and their delivery. No Images or sensitive information provided by you are to be unlawfully distributed to other third parties without permission.

We may disclose personal data in cases required by law or if we believe action is necessary due to fraud, cyber crime, to protect the rights or the personal safety of person/s.

We may also disclose aggregate statistics about the service (customers and sales) in order to describe our services to prospective partners and other reputable third parties and for other lawful purposes, but these statistics will not include personally identifiable information.

Data may also be shared with Facebook and Google Analytics. No personal data will be passed to other third parties via this integration.

All images and icons provided by us which appear on websites, apps or other products produced by us, are subject to our copyright and cannot be reproduced, republished or otherwise used without express written permission from us.


10. Price / Specification

All orders to be shipped within the UK Value Added Tax at the current UK rate. Postage and packaging where appropriate will be listed separately. PPLtd shall not be liable for any other taxes or duties that may be imposed upon you and for which you will remain fully responsible. Prices and specifications are subject to change without notice in any circumstances other than where an order has been accepted by PPLtd. The purchase price is payable in store or in advance by credit/debit card. We reserve the right to refer to your credit/debit card provider and any other credit reference agency or bank.